Dershowitz Says D’Souza Case ‘Smacks of Selective Prosecution’

Conservative commentator and best-selling author, Dinesh D’Souza exits the Manhattan Federal Courthouse in New York last week.

Reuters

Alan Dershowitz may be phasing out his days as a Harvard law professor. But that doesn’t mean he’s stepping off the pedestal.

His latest topic of concern: Dinesh D’Souza. Mr. Dershowitz thinks the federal campaign fraud charges against the conservative filmmaker and author are an example of “selective prosecution.”

Weighing in on the case Friday in an interview with Law Blog, Mr. Dershowitz was withering in his opinion of the Manhattan U.S. attorney office’s prosecution of Mr. D’Souza, who pleaded not guilty last week to making illegal campaign contributions to a Republican U.S. Senate candidate in 2012.

“The idea of charging him with a felony for this doesn’t sound like a proper exercise of prosecutorial discretion,” Mr. Dershowitz said. “I can’t help but think that [D'Souza's] politics have something to do with it. . . . It smacks of selective prosecution.”

The professor, though, said he has a high regard for Manhattan U.S. attorney Preet Bharara, whose office under his watch has won corruption convictions against nearly a dozen Democratic lawmakers in New York. “I’m a big of supporter. I think he’s doing a great job, but this is a mistake,” Mr. Dershowitz said.

A spokesperson for Mr. Bharara’s office did not have an immediate comment.

Mr. D’Souza’s polemical 2012 film “2016: Obama’s America” — which is highly critical of the nation’s Democratic president — ranks among the highest grossing documentaries of all time.

Prosecutors allege that Mr. D’Souza directed two “straw donors” to donate a combined total of $20,000 to his friend Wendy Long’s general-election campaign for U.S. Senate and then reimbursed them in cash.

His lawyer Benjamin Brafman has denied there was any corrupt intent in his client’s conduct. He said last Friday that there is “not much dispute about what happened,” but there was disagreement with prosecutors about whether or not it violated federal law. Mr. D’Souza has been released on bail. Ms. Long told investigators that Mr. D’Souza lied to her about the source of donations, the Associated Press reported last week.

Mr. Dershowitz said the world of politics is rife with the sort of campaign abuses alleged. They’re so common, in fact, he said he himself been called upon to participate in similar arrangements. Mr. Dershowitz said he’s spoken with Mr. D’Souza since the indictment was announced.

“I know I myself have been solicited by lawyers who wanted me to make a contribution to their candidate,” he said. He said that when he told the lawyers he wasn’t familiar enough with the candidates to make a donation, they assured him that they would “make it right.”

About Law Blog

The Law Blog covers the legal arena’s hot cases, emerging trends and big personalities. It’s brought to you by lead writer Jacob Gershman with contributions from across The Wall Street Journal’s staff. Jacob comes here after more than half a decade covering the bare-knuckle politics of New York State. His inside-the-room reporting left him steeped in legal and regulatory issues that continue to grab headlines.

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